Review of trade union facility time in schools Results of government call for evidence January 2014 Contents Introduction 3 List of abbreviations used in the report 3 Summary of responses received and the government’s response 4 Main findings from the call for evidence 4 Question 1: the percentage of a school employer’s pay bill that should be used to fund trade union facility time 4 Question 2: suggestions about how facility time arrangements in schools could be made more efficient 6 Question 3: reasonable time off for trade union duties for a union representative working in a school 8 Question 4: accountability for the trade union duties carried out during facility time 10 Question 5: gathering and publishing details of facility time spending 12 Responses from campaigns 13 Next steps 14 Annex A: List of organisations that responded to the consultation 15 2 Introduction The Department for Education has reviewed trade union facility time in schools. Trade union representatives are entitled to reasonable paid time off (known as facility time) to take part in trade union duties1, such as negotiating with employers and representing members in grievance procedures. A public call for evidence was launched on 19 September 2013 to gather views from employers, school leaders, representative organisations, teachers and members of the public about trade union facility time. It was publicised via the Department’s communication channels and discussion groups. The call for evidence, which closed on 25 October 2013, set out our proposals and asked how taxpayer subsidy of trade union activity through paid facility time should operate. We asked for views on the percentage of a school employer’s pay bill that should be used to fund trade union facility time, and what could be considered reasonable time off for trade union duties for representatives working in schools. We also asked whether trade union representatives should be accountable to employers and managers for the work carried out in facility time, and whether details of spending should be gathered and published. More generally, we asked for comments on how facility time arrangements could be made more efficient. The review did not cover how trade unions spend the funds they generate from membership fees, which is a matter for the trade unions themselves. This report summarises the findings of the call for evidence and lists the organisations that responded (see Annex A). In response to this review, the Department for Education will publish advice to schools and employers on managing trade union facility time. List of abbreviations used in the report Acas – Advisory, Conciliation and Arbitration Service ASCL – Association of School and College Leaders ATL – Association of Teachers and Lecturers FASNA – Freedom and Autonomy for Schools - National Association NAHT – National Association of Head Teachers NASUWT – National Association of Schoolmasters Union of Women Teachers NEOST – National Employers’ Organisation for School Teachers NUT – National Union of Teachers 1 Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) sections 168168A and 169, and Advisory, Conciliation and Arbitration Service (Acas) Code of Practice on trade union duties and activities (The Code of Practice). 3 Summary of responses received The call for evidence received 247 responses in total. Breakdown of types of respondent: Teacher 23% Academy 13% Local authority 13% Headteacher 13% Trade union 9% Representative organisation 2% School 4% Governor 5% Parent/Carer 4% Public 5% Other2 9% Main findings from the call for evidence Question 1: we asked for views on the percentage of a school employer’s pay bill that should be used to fund trade union facility time. 1. 33 per cent of respondents felt that the percentage of an employer’s pay bill used to fund facility time should be reduced to 0.05 per cent or less (in line with the private sector average), and a further 6 per cent of respondents to this question believed it should be 0.14 per cent or below, in line with average public sector spending on facility time. 15 per cent of respondents suggested that it should be 0.15 per cent or higher (see figure 1.1). 2. 29 per cent of respondents felt that there should be no benchmark figure as facility time spending should be determined by need or local circumstances, or calculated according to union membership numbers. Some felt that the private sector benchmark of 0.04 per cent should not be used, as union density levels are higher in the public sector. 3. Comments on this question revealed a range of views. Some respondents felt that no change was needed to the current system, whilst others felt that overall spending on facility time should be reduced to provide better value for money. Some responses urged that the benefits of facility time should be considered alongside the costs: 2 Within this category, four respondents identified themselves as ‘principal of sixth form college’, ‘retired headteacher’, ‘trade union lawyers’ and ‘NUT school representative’. 4 “The support and facilitation of industrial relations provided by those whose time is catered for through facilities time cannot be overestimated and needs to be recognised.” (NAHT) “We recognise the importance of working with trade unions and that it can result in savings to the employer and help to ensure effective delivery.” (North Tyneside Council) Figure 1.1: Responses to Q1 giving % or no benchmark figure 35% 30% 25% 20% 15% 10% 5% 0% <0.05% 0.06-0.14% >0.15% No benchmark 4. There was a significant difference in the views of certain groups responding to this question. For example, a larger number of academies and headteachers felt that facility time spending should be reduced to 0.14 per cent or less (or should at least be reduced overall to provide value for money). Teachers and trade unions were more likely to hold the view that there should be no national benchmark, or that spending should be higher than 0.15 per cent of the paybill (see figure 1.2). Figure 1.2: Breakdown of responses to Q1 according to respondent type3 70% 60% 50% Local authority 40% Headteacher 30% Academies Trade unions 20% Teachers 10% 0% <0.05% 0.06-0.14% >0.15% No benchmark 3 Some respondent types are not included in graphs due to small sample sizes 5 5. Even where respondents felt that a single benchmark for facility time spending would be unhelpful, many indicated that having clear guideline figures would prove useful. For example: “It would be helpful to issue guidelines with a range of figures likely to be suitable, to which governing bodies and other employers could refer.” (ASCL) “In my LA…, as a budget share it is a very small slice; something like 0.07%? However, on a per pupil basis it is over £3 per pupil per annum. I have no benchmark data to inform me whether this is a low or high number and therefore find it difficult to take any objective decision… I think about £1.50 per pupil should be allocated – or about 0.03%.” (School governor) “Agree with principle of having a benchmark- a percentage of the pay bill is a potential basis for the calculation. This should be a recommended ‘good practice guideline’ as opposed to something that is enforced: there needs to be some flexibility.” (North Yorkshire County Council) 6. The evidence we have gathered on current facility time expenditure shows significant variation in spending, from £1.00 per pupil per annum, to £5.70 per pupil per annum (in different local authorities). This level of variation has led to difficulties for some respondents: “We welcome this review. We are currently working across four local authorities and each has a different cost of facility funding. One local authority will not let us purchase facility time”. (Multi-academy trust) Question 2: we asked for any further suggestions about how facility time arrangements in schools could be made more efficient. 7. Suggestions in response to this question can be grouped into four main areas: i. ‘Pooled’ arrangements can be very effective. This view was held by many local authorities, employer associations and trade unions responding to the survey. For example: “(Pooled arrangements) have for many years enabled employers and trade unions to operate effective arrangements for representation and negotiation on behalf of union members across the whole community of schools in a local area. They allow trade union duties to be undertaken by local trade union officers who are experienced…with a good knowledge of the local context.” (NUT) “Local authority-level management of significant elements of facilities time is the norm in most parts of the country. In most cases these arrangements have been in place for many years. … The arrangement is based on identifying the ‘authority wide’ representatives and putting back into the relevant schools’ budgets the funding required to cover the individual’s absence.” (NEOST) 6 “ATL would encourage the adoption of “pooled” arrangements for facility time within academy chains, and also between academies and LAs…as this ensures no individual school is left with an inordinate bill to cover the trade union duties of their staff.” (ATL) ii. Schools should have the freedom and flexibility to manage their own facility time arrangements: “In autonomous schools, which are the employer, there may be a helpful list of activities which they are required to allow facility time for. This, coupled with a maximum percentage allowed would give schools the freedom to manage this effectively and co-operatively with their union representatives. Schools should then make their own arrangements as to how union reps are allocated time to carry out the prescribed activities – with a cap based on the % of the pay bill.” (FASNA) iii.